Common use of Accountants' Certificate Clause in Contracts

Accountants' Certificate. Together with the financial statements referred to in SECTION 9.1(A), a certificate of such accountants addressed to the Agent, (a) stating that in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default or Event of Default exists and, in particular, they have no knowledge of any Default or Event of Default or, if such is not the case, specifying such Default or Event of Default and its nature, and (b) having attached the calculations, prepared by the Borrower and reviewed by such accountants, required to establish whether or not the Borrower is in compliance with the covenants contained in SECTIONS 10.1, 10.2, 10.5, 10.10 and 10.11, as at the date of such financial statements.

Appears in 2 contracts

Samples: Loan and Security Agreement (Burke Industries Inc /Ca/), Loan and Security Agreement (Burke Industries Inc /Ca/)

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Accountants' Certificate. Together with the financial statements referred to in SECTION 9.1(ASection 10.1(a), the Borrowers shall deliver a certificate of such accountants addressed to the Agent, (a) stating that in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default or Event of Default exists and, in particular, they have no knowledge of any Default or Event of Default or, if such is not the case, specifying such Default or Event of Default and its nature, and (b) having attached the calculations, prepared by the Borrower Borrowers and reviewed by such accountants, required to establish whether or not the Borrower is Borrowers are in compliance with the covenants contained in SECTIONS 10.1Sections 11.1, 10.211.2, 10.511.5, 10.10 11.10 and 10.1111.11, as at the date of such financial statements.

Appears in 1 contract

Samples: Loan and Security Agreement (American Aircarriers Support Inc)

Accountants' Certificate. Together with the financial statements referred to in SECTION 9.1(A11.1(A), a certificate of such accountants addressed to the Agent, (a) stating that in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default or Event of Default exists and, in particular, they have no knowledge of any Default or Event of Default or, if such is not the case, specifying such Default or Event of Default and its nature, and (b) having attached the calculations, prepared by the Borrower and reviewed by such accountants, required to establish whether or not the Borrower is in compliance with the covenants contained in SECTIONS 10.112.1, 10.212.2, 10.512.5, 10.10 and 10.1112.10 AND 12.11, as at the date of such financial statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Texfi Industries Inc)

Accountants' Certificate. Together with the financial statements referred to in SECTION 9.1(ASection 11.1(a), the Borrower shall deliver a certificate of such accountants addressed to the Agent, (a) stating that in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default or Event of Default exists and, in particular, they have no knowledge of any Default or Event of Default or, if such is not the case, specifying such Default or Event of Default and its nature, and (b) having attached the calculations, prepared by the Borrower and reviewed by such accountants, required to establish whether or not the Borrower is in compliance with the covenants contained in SECTIONS 10.1Sections 12.1, 10.212.2, 10.512.5, 10.10 12.10 and 10.1112.11, as at the date of such financial statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Standard Commercial Corp)

Accountants' Certificate. Together with the financial statements referred to in SECTION 9.1(A10.1(A), a certificate of such accountants addressed to the Administrative Agent, (a) stating that in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default or Event of Default exists and, in particular, they have no knowledge of any Default or Event of Default or, if such is not the case, specifying such Default or Event of Default and its nature, and (b) having attached the calculations, prepared by the Borrower Borrowers and reviewed by such accountants, required to establish whether or not the Borrower is Borrowers are in compliance with the covenants contained in SECTIONS 10.111.1, 10.211.2, 10.5, 10.10 11.4 and 10.11, 11.5 as at the date of such financial statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Heafner Tire Group Inc)

Accountants' Certificate. Together with the financial statements referred to in SECTION 9.1(A10.1(a), the Borrowers shall deliver a certificate of such accountants addressed to the Agent, (a) stating that in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default or Event of Default exists and, in particular, they have no knowledge of any Default or Event of Default or, if such is not the case, specifying such Default or Event of Default and its nature, and (b) having attached the calculations, prepared by the Borrower Borrowers and reviewed by such accountants, required to establish whether or not the Borrower is Borrowers are in compliance with the covenants contained in SECTIONS 10.111.1, 10.211.2, 10.511.5, 10.10 11.10 and 10.1111.11, as at the date of such financial statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Kellstrom Industries Inc)

Accountants' Certificate. Together with the financial statements referred to in SECTION 9.1(ASection 11.1(a), a certificate of such accountants addressed to the Agent, (a) stating that in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default or Event of Default exists and, in particular, they have no knowledge of any Default or Event of Default or, if such is not the case, specifying such Default or Event of Default and its nature, and (b) having attached the calculations, prepared by the Borrower and reviewed by such accountants, required to establish whether or not the Borrower is in compliance with the covenants contained in SECTIONS 10.1Sections 12.1, 10.212.2, 10.512.4, 10.10 12.5, 12.10 and 10.1112.11, as at the date of such financial statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Synthetic Industries Inc)

Accountants' Certificate. Together with the audited financial statements referred to in SECTION 9.1(ASection 10.1(a), the Borrower shall deliver a certificate of such accountants addressed to the Agent,, for the benefit of the Lenders (a) stating that in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default or Event of Default exists and, in particular, they have no knowledge of any Default or Event of Default or, if such is not the case, specifying such Default or Event of Default and its nature, and (b) having attached the calculations, prepared by the Borrower and reviewed by such accountants, required to establish whether or not the Borrower is in compliance with the covenants contained in SECTIONS 10.1, 10.2, 10.5, 10.10 and 10.11Section 11.1, as at the date of such financial statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Cmi Industries Inc)

Accountants' Certificate. Together with the financial statements referred to in SECTION 9.1(A), a certificate of such accountants addressed to the Agent, (a) stating that in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default or Event of Default exists and, in particular, they have no knowledge of any Default or Event of Default or, if such is not the case, specifying such Default or Event of Default and its nature, and (b) having attached the calculations, prepared by the Borrower and reviewed by such accountants, required to establish whether or not the Borrower is in compliance with the covenants contained in SECTIONS 10.1, 10.2, 10.5, 10.10 and 10.1110.5 AND 10.10, as at the date of such financial statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Nabi /De/)

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Accountants' Certificate. Together with the financial statements referred to in SECTION 9.1(A10.1(a), a certificate of such accountants addressed to the Administrative Agent, (a) stating that in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default or Event of Default exists and, in particular, they have no knowledge of any Default or Event of Default or, if such is not the case, specifying such Default or Event of Default and its nature, and (b) having attached the calculations, prepared by the Borrower Borrowers and reviewed by such accountants, required to establish whether or not the Borrower is Borrowers are in compliance with the covenants contained in SECTIONS 10.111.1, 10.211.2, 10.511.4, 10.10 11.5 and 10.11, 11.6 as at the date of such financial statements.

Appears in 1 contract

Samples: Loan and Security Agreement (American Tire Distributors Inc)

Accountants' Certificate. Together with the financial statements referred to in SECTION 9.1(A10.1(a), a certificate of such accountants addressed to the Agent, (a) stating that in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default or Event of Default exists and, in particular, they have no knowledge of any Default or Event of Default or, if such is not the case, specifying such Default or Event of Default and its nature, and (b) having attached the calculations, prepared by the Borrower Borrowers and reviewed by such accountants, required to establish whether or not the Borrower is Borrowers are in compliance with the covenants contained in SECTIONS 10.111.1, 10.211.2, 10.5, 10.10 11.4 and 10.11, 11.5 as at the date of such financial statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Phoenix Racing Inc)

Accountants' Certificate. Together with the financial statements referred to in SECTION 9.1(A9.1(B), the Borrower shall deliver a certificate of such accountants addressed to the Agent, (a) stating that in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default or Event of Default exists and, in particular, they have no knowledge of any Default or Event of Default or, if such is not the case, specifying such Default or Event of Default and its nature, and (b) having attached the calculations, prepared by the Borrower and reviewed by such accountants, required to establish whether or not the Borrower is in compliance with the covenants contained in SECTIONS 10.1, 10.2, 10.5, 10.10 and 10.11, as at the date of such financial statements.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Synthetic Industries Inc)

Accountants' Certificate. Together with the financial statements referred to in SECTION 9.1(A10.1(A), a certificate of such accountants addressed to the Agent, (a) stating that in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default or Event of Default exists and, in particular, they have no knowledge of any Default or Event of Default or, if such is not the case, specifying such Default or Event of Default and its nature, and (b) having attached the calculations, prepared by the Borrower and reviewed by such accountants, required to establish whether or not the Borrower is in compliance with the covenants contained in SECTIONS 10.111.1, 10.211.2, 10.5, 10.10 and 10.1111.09 AND 11.10, as at the date of such financial statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Texfi Industries Inc)

Accountants' Certificate. Together with the financial statements referred to in SECTION 9.1(A11.1(A), the Borrower shall deliver a certificate of such accountants addressed to the Agent,Agent and each Lender (a) stating that in making the examination necessary for the certification of such financial statements, nothing has come to their attention to lead them to believe that any Default or Event of Default exists and, in particular, they have no knowledge of any Default or Event of Default or, if such is not the case, specifying such Default or Event of Default and its nature, and (b) having attached the calculations, prepared by the Borrower and reviewed by such accountants, required to establish whether or not the Borrower is in compliance with the covenants contained in SECTIONS 10.112.1, 10.212.2, 10.512.5, 10.10 and 10.1112.6 12.10 AND 12.11, as at the date of such financial statements.

Appears in 1 contract

Samples: Loan and Security Agreement (Meadowcraft Inc)

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